With the revised codes of good practice scheduled to be gazetted in August or September 2013, businesses continue to be in limbo regarding some of the revisions in this important transformation legislation. The Department of Trade and Industry (DTI) has held a number of sessions after the close of the public commentary process to further understand and at the same time convince businesses and industries to comment and or accept DTI’s rationale on a number of points that are in dispute. DTI, in their own admission have confessed that the bulk of concerns and questions that have been asked at the various sessions around the country are of the same nature and require thorough consideration and review. Be that as it may, the codes are scheduled to be gazetted before the end of the 2013 calendar year, in what shape or format, that waits to be seen. The revised codes in their current format propose that Ownership, Skills Development and Enterprise and Supplier Development (ESD) be treated as priority elements, which carries a 40% minimum threshold. In other words, if a business does not score the minimum points in any of these three areas, they drop a level if they are a Qualifying Small Enterprise (QSE) and two levels if they are a business whose turnover is above R50 million. The impact of this revision brings challenges in the motor industry as follows: The Ownership element, which now carries 25 points is key to some of the businesses in the motor industry. A simple example is that if a business has 7% black ownership and is currently a level four, it will drop to a level six because they do not have at least 10% black ownership. In this example, depending on the shareholders’ appetite on ownership issues, this revision may discourage black participation in the business in the form of shareholding and thus stifle transformation. It may be the opposite though, in some instances. The current gazetted Codes of Good Practice allows businesses to claim …
DRAFT LOTTERIES AMENDMENT BILL 2013 PUBLIC COMMENTS DUE BY 25 JUNE
The Minister of Trade and Industries, Dr Rob Davies, has called for public comments on the Draft Lotteries Amendment Bill by 25 June 2013. “The Draft Lotteries Amendment Bill primarily aims at ensuring the more effective functioning of the National Lotteries Board and the application and distribution and adjudication of grants (through the establishment of a specified distributing agency) under the Lotteries Act,” explains Leana Engelbrecht, Associate in the Competition and Regulatory Practice at Cliffe Dekker Hofmeyr. Engelbrecht explains that, in particular, “the Draft Lotteries Amendment Bill aims to delineate which persons are entitled to act as members of the National Lotteries Board by, for example, listing those persons that are disqualified to act as members of the National Lotteries Board and allowing the Minister to terminate the membership of a member of the National Lotteries Board should such a member fail to attend two meetings of the National Lotteries Board consecutively, without prior notification and approval of such absence. The functions of the National Lotteries Board are also greatly expanded upon by broadening the National Lotteries Boards' functions in respect of the application, research, consideration, granting and appeal of grants. “Interestingly (particularly in the context of the current licence holder's five year licence expiring in 2014), the Draft Lotteries Amendment Bill allows for the Minister to appoint and authorise an Organ of State to conduct the National Lottery for a period of not exceeding eight years provided that there are justifiable grounds not to issue a licence as conventionally allowed for,” Engelbrecht adds. Ends URL: http://www.cliffedekkerhofmeyr.com Twitter: @DLACDH Facebook: https://www.facebook.com/DLACDH YouTube: Author: Angela Graham from Cliffe Dekker Hofmeyr. Originally distributed by MyPR.co.za. No of Images Uploaded: None To gain access to None image/s please Like, Tweet or +1 …
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Cliffe Dekker Hofmeyr advised Sasol Pension Fund on Sasol’s new building in Sandton
Cliffe Dekker Hofmeyr acted for the Sasol Pension Fund in drafting several agreements relating to the development of the new Sasol office building, currently under development in Sandton. Attie Pretorius, Director and National Practice Head, Lucia Erasmus, Director and Andrew Seaber, Senior Associate, Real Estate practice, were part of the legal team that advised on this deal, considered to be one of the biggest property deals to be concluded in Sandton to-date. The building is expected to be the largest, new single-tenanted office building to be developed in South Africa in recent years. It was designed by Paragon Architects, is ten storeys high and aims to achieve a five star green environmental rating. The Sasol Pension Fund and developer Alchemy Properties are jointly developing the office building in Katherine Street in Sandton. “We were delighted to have been part of the team working on drafting the agreements for this new office development in our city, which is set to change the Sandton skyline forever and hopefully spur the development of a new business node that will encourage pedestrian safety and green living,” adds Pretorius. ends URL: http://www.cliffedekkerhofmeyr.com Twitter: @DLACDH Facebook: https://www.facebook.com/DLACDH YouTube: Author: Angela Graham from Cliffe Dekker Hofmeyr. Originally distributed by MyPR.co.za. …
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BULLIES AND THE LONG ARM OF THE LAW
Prior to the commencement of Protection of Harassment Act on 27 April 2013, bullies could escape the long arm of the law if their conduct fell just short of a criminal act. Bullies are now well within the reach of our courts. A bully as young as fourteen and possibly even younger can be the subject of a protection order and, if a bully continues to harass the victim, he/she may face criminal prosecution. Kathleen Rice, Director in the Technology, Media and Telecommunications Practice at Cliffe Dekker Hofmeyr says that the Act, in its preamble, states that the rights of children are of paramount importance. “Clearly, the drafters of the Act appreciated that, frequently, the victims of harassment are children. For this reason, the Act allows any child who is victim of harassment to apply to court for a protection order even in the absence of assistance from parent or guardian. A parent or guardian may also apply for a protection order on behalf of a child,” she explains. Rice says that children, in addition to being the victims of bullying, are also often the perpetrators of bullying. “In terms of the Act, an application for a protection order can be instituted against "any person" who has engaged in harassment. It is therefore possible to obtain a protection order against bully who is a child. “A protection order will not be granted against any person, including a child, if the person did not know or cannot be expected to know that his/her conduct is causing harm. Whilst bullying itself may fall short of criminal conduct, the breach of a protection order that prohibits bullying behaviour is a criminal offence. “Given that a protection order is enforced by the criminal courts, a court will be unlikely to grant a protection order against a child who is too young to face criminal charges,” she explains. “In criminal proceedings,” notes Rice, “a child over the age of fourteen is presumed to have criminal capacity in that he/she will have the ability …
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Market enquiry provision to be used to investigate healthcare sector
Economic Development Minister Ebrahim Patel announced on Tuesday that the Competition Commission would investigate the private healthcare sector on charges of high charges and market distortions. According to Nick Altini, Director and head of the Competition practice at Cliffe Dekker Hofmeyr, “In April this year the market enquiry provisions in the Competition Amendment Act came into force, allowing the Competition Commission to investigate industries where there is a basis to believe that there are not optimal levels of competition, but without the Commission being constrained by the pre-requisite of having some evidence of an actual offence to validate the investigation. The private healthcare sector was identified by the Commission for this type of enquiry. “I think that we are all going to learn a few things - the Commission, the private sector and legal practitioners in the field. I expect that the Commission will plan and execute this carefully. What we would want to see is a process that it open, fair and efficient. It must have a definite beginning, and end, and not drag out for an inordinate period of time. At the end of the process, there must be a clear indication of findings and what actions, if any, the Commission plans to take next and what is expected of market stakeholders as an outcome of the process. These factors will likely then act as a good beacon of guidance for other sectors that could be the subject of future market enquiries,” notes Altini. Chris Charter, Director in the Competition practice, agrees, “The sheer scope of the enquiry into the healthcare industry will be test of the Commission's ability to manage and run complex investigations in the public eye. Hopefully it will lead to a better understanding of the dynamics of the industry which may benefit not only patients, but also other players in the value chain as well as other regulators. “That said, there is a danger that such a potentially wide market enquiry will become …
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The Basic Conditions of Employment Amendment Bill set to become law
The Department of Labour announced on 8 May 2013 that amendments to the Basic Conditions of Employment Act (BCEA) had been accepted by Parliament. The Basic Conditions of Employment Amendment Bill is now set to become law and will increase the power of the Minister of Labour, prohibit certain conduct by employers and streamline the enforcement of the Act. Johan Botes, Director in the Employment practice at Cliffe Dekker Hofmeyr, explains, “The Minister will now have the power to prohibit the use of sub-contracting when making a sectoral determination. A sectoral determination is made by the Minister in respect of basic conditions of employment for employees in a sector and area. Sectoral determinations made by the Minister to-date include those applicable to the security industry and domestic workers. Industries that typically use sub-contracting (such as the building or IT sectors) could have to re-consider their business models should a sectoral determination ever be made in respect of those industries.” Botes notes that there is currently no indication that the Minister is planning to increase the number of sectoral determinations to other sectors, but trade unions or employers organisations are entitled to apply to the Minister to investigate conditions of employment in their sector or area. The Minister could then instruct the Director General to conduct an investigation or request the Employment Conditions Commission to advise her on whether an investigation ought to be conducted. “With the current focus still firmly on labour brokers, sub-contracting and use of contract staff, it will not come as a surprise if trade unions seek to use this extension of the Minister's power to limit the practice of employers sub-contracting work to independent contractors in order to avoid employing staff directly to do the work. “While this may have favourable consequences in instances where there has been abuse of this practice, sub-contracting work has allowed …
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COMMENT PERIOD FOR PROPOSED LISTED ATMOSPHERIC EMISSION ACTIVITIES AMENDMENTS HAS ENDED
The commenting period for the Proposed Listed Atmospheric Emission Activities Amendments (Amendments), published by the Department of Environmental Affairs in November last year, ended on 11 April 2013 and will now be followed by public hearings starting on or around 16 April 2013. “The Amendments contain a list of activities that result in atmospheric emission and which have or may have a significant detrimental effect on the environment; including health, social conditions, economic conditions, ecological conditions or cultural heritage,” explains Sandra Gore, Director in the Environmental practice at Cliffe Dekker Hofmeyr. “The Proposed Atmospheric Emissions Activities Amendments have already attracted substantial criticism. This includes that, despite South Africa's ambient air quality falling short of World Health Organisation benchmarks, the proposed amendments relax certain air quality standards, which will create health risks. This appears to be in contrast to government's commitment to addressing air pollution,” Gore explains. “Industries, however, argue that emission standards are too stringent and South Africa should not be measured against industrialised countries' standards, where industries can afford to implement expensive air pollution abatement technology (often equating to millions of Rands). “The problem is exacerbated by South African industries remaining highly reliant on relatively old facilities, with short remaining lifespans. It is often unfeasible to upgrade facilities to comply with the air emission regulatory framework, which has rapidly evolved over the last decade,” she says. Gore explains that industry in South Africa is a significant employment source for poor and unskilled labourers. Faced with too stringent air emissions limits and costly abatement technology required in air emission licences, companies could be forced to close down or reduce employee numbers, diminishing socio-economic benefits arising from their …
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National Water Week, 18 – 24 March 2013 – Water is Life
The theme for National Water Week, 18 – 24 March 2013 is, "Water is life - Respect it, Conserve it, Enjoy it". This year’s National Water Week celebrations coincide with the United Nations (UN) General Assembly declaring 2013 as the United Nations International Year of Water Cooperation. Goitse Pilane, Director for Projects and Infrastructure, co-heads business law firm Cliffe Dekker Hofmeyr’s Water Sector. He says, "The National Water Act, 1998 (which is considered as one of the best water legislation in the world) ensures that our water resources are used, protected and managed in a sustainable and equitable manner for the benefit of all persons and in a way that guarantees every person's constitutional right to access sufficient water. Everyone is entitled to use water to the extent that the use of water is permissible in terms of the National Water Act,1998. "In the 2013 National Budget Speech," continues Pilane, "Government committed to expanding infrastructure investment. The value of major infrastructure projects in progress or under consideration in the public sector totals R3.6 trillion; with water apportioned 3.6% of that total. “South Africa is considered a water scarce country. The National Development Plan, Vision for 2030 recognises that in order to sustain water supply and sanitation services our water resources and infrastructure must be properly managed to avoid further damage to natural resources which includes water in rivers and underground. “Forty six million South Africans have access to basic water supplies. Strategic public private partnerships will accelerate access to basic water supplies for everyone and will support the Government's service delivery initiatives,” Pilane adds. How can you live this year's theme sustainably, equitably and efficiently? Respect Water is the most essential element to life on Earth. Add to this the concerning fact that South Africa is the 30th driest country in the world. Let us empower …
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24 underprivileged boys pledge to run to raise funds for children fighting life-threatening conditions.
The Gift of the Giver Marathon, Eldorado Park 24th of February 2013 A group of 24 underprivileged boys from Kersiedorp, Eldorado Park, have pledged to raise money for children fighting life-threatening conditions, setting aside their own impoverished conditions to run in the Gift of the Giver Marathon to raise funds for the Reach for a Dream Foundation. The boys are part of Growing Champions, a project that works on growing leadership and character development in young men whose communities face gang violence and drug infestation through life skills development and soccer training. Growing Champions personal development coach, Samantha Toweel-Moore, posed a challenge to impoverished children of Kersiedorp. She asked them if they would use their gift of health to help those who lack this gift have their dreams come true. Twenty three courageous boys rose to the challenge. "These boys are not sitting back waiting for others to help them, they are getting out there and helping themselves. They are a brotherhood whose fighting spirit has led to some of their own dreams coming true, on the football field. Now they are giving back. They know they can make a difference by taking action. They have pledged to train to run a 10km road race to raise funds for Reach for a Dream. The race is aptly called, The Gift of the Giver Township Marathon. It takes place in Eldorado Park on the 24th of February 2013. "They want to fund 'dreams come true' for children who share their passion for football but are fighting life threatening conditions. Their hard work, dedication, compassion and teamwork are testament to their spirit of champions, says Toweel-Moore. Coach Toweel-Moore says, "I am so moved by the courage of these young men, South Africa's future leaders, as their coach I will run the 42.2km race to stretch myself too. Life throws many curve balls but when you learn to accept the challenge rather than run from it, you find your greatness." Samantha's father, …
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iTunes providing opportunities for up and coming musicians in South Africa
Since iTunes was launched in South Africa in December, numerous South African musicians have taken advantage of a global audience by uploading their original music onto one of the world’s biggest online music stores. One such original artist is Julian Graham, whose single “Tonight” is proving popular locally and in Europe and the United States. “iTunes has the advantage of taking fresh talent and putting it in the global spotlight. It's now so much easier to share my music and that's everything musician's need right now ,” says Graham. “I have a huge catalogue of music purchased on iTunes since early December that is world class and previously unavailable to me. I have also discovered a broad range of South African musicians that I never knew about before.” Graham’s hit “Tonight” is available for download at https://itunes.apple.com/za/album/tonight-single/id591800869?ls=1 for a nominal fee of R6.99. Graham is studying music at Berklee College of Music Online and is using the profits from the sale of his song to fund his tertiary education. URL: http://www.youtube.com/julezg101 Twitter: @julez4music Facebook: https://facebook.com/juliangrahammusic YouTube: https://www.youtube.com/watch?v=Eg_nGAC4LTA Author: Angela Graham from Julian Graham Music. Originally distributed by MyPR.co.za. No of Images Uploaded: One To gain access to One image/s please Like, Tweet or +1 this article: [l2g] Images: Julian Graham Photographer: [/l2g] …